DATED:04.08.2021

OF

TAKING

COGNIZANCE IN C.C.NO.2586/2021 (CRIME NO.40/2021) OF

REVOOR POLICE STATION) ON THE FILE OF CIVIL JUDGE

(JR.DN.) AND JMFC, AFZALPUR FOR THE OFFENCE PUNISHABLE

U/SEC. 269, 270, 271 R/W 149 OF IPC AND 5(1), 5(2), 5(3) OF

KARNATAKA EPIDEMIC DECEASES ACT, IN THE INTEREST OF

JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT PASSED THE FOLLOWING:

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ORDER

This petition is filed under Section 482 of Cr.P.C.

seeking to set aside the order dated 04.08.2021 of taking

cognizance in C.C.No.2586/2021 (Crime No.40/2021 of

Revoor P.S.) on the file of Civil Judge (Jr.Dn.) and JMFC,

Afzalpur for the offences punishable under Sections 188,

269, 270, 271 r/w 149 of Indian Penal Code, 1860 (for

short hereinafter referred to as 'IPC') and also for the

offences punishable under Sections 5(1), 5(2)(3) of

Karnataka

Epidemic

Diseases

Act,

2020

(for

short

hereinafter referred to as 'Epidemic Diseases Act').

In brief, the case of the prosecution is that a

FIR came to be lodged on the basis of complaint lodged by

one Shivshankar, Assistant Horticulture Officer, alleging

that in spite of a Government order not to conduct any

Jatra or Festivals, the petitioners herein and others without

obtaining the permission from the Government, have

conducted the Jatra, without taking any precautionary

measures and following the guidelines issued by the

Government with regard to Covid-19, negligently and

intentionally they have conducted the Jatra, by disobeying

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the Government order. Therefore, a case came to be

registered in Cr.No.40/2021 and thereafter, the police

investigated the matter and filed the charge sheet for the

offences punishable under Sections 188, 269, 270, 271 r/w

149f of IPC and also Sections 5(1), 5(2)(3) of Epidemic

Diseases Act, and issued summons to the petitioners.

Aggrieved by the same, the petitioner have filed this

petition who are arraigned as accused Nos.7, 9, 10, 11, 13,

14, 18, 28, 33 and 37.

Heard Sri. Ravindra H.Babaleshwar, learned

counsel for the petitioner and Sri. Veeranagouda Malipatil,

learned High Court Government Pleader for respondent

No.1/State.

Learned counsel for the petitioners argued that

the Trial Court has not appreciated the documents and

other materials on record. The petitioners to eke out their

livelihood, they do a petty coolie work and petitioner No.3

is a poor lady and petitioner No.8 is a student. There is no

mention in the complaint as to what is the particular role or

act of these petitioners in the said Jatra. The police without

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conducting the proper investigation have simply implicated

all the villagers as accused. The petitioners neither having

any committee nor there is any temple committee to

perform Jatra. The respondent No.1-police have not

produced any cogent material to show that the petitioners

have violated any conditions or order issued by the

Government with regard to Covid-19 or there is nothing on

record to show that they have spread any infection or they

have committed the offences as alleged. Therefore filing of

criminal case against petitioners is nothing but abuse of

process of Court. There is no prima-facie material against

them. Hence, prayed to allow the petition.

Against this, learned HCGP argued that the

alleged offence under Section 5 of the Epidemic Disease Act

are cognizable offence. There is statement of these

petitioners along with others which shows that they have

violated the government order and conducted the Jatra. He

further submits that, having regard to pandemic situation,

the accused persons should not have gathered together for

performing Jatra in violation of the Government Guidelines

issued in respect of Covid-19 and the same is not

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permissible as the same is likely to spread disease. Hence,

prayed to dismiss the petition.

I have perused the FIR and charge sheet. The

charge sheet is filed for the offences under Sections 188,

269, 270, 271 r/w 149 of IPC and Sections 5(1), 5(2)(3) of

Epidemic Diseases Act 2020.

The o